Property regularization “PRESCRIPTION”

Property regularization “PRESCRIPTION”

Positive prescription is a way to obtain a property, through which the possessor of a property becomes its owner after a certain period of time. Any person who meets the requirements established by the Law can acquire a property through positive prescription.

A trial is started against the owner of the property (established as such in the County Records of the City). To follow with the procedure, the possession of the property by the interested party must be:

  • As an owner: The intention is to gain ownership of the property.
  • Pacific: The acquisition did not involve any kind of violence.
  • Continuous: No one else has been utilizing the property.
  • Public: Possession of the property has not been kept secret.
  • In good Faith: This means that the owner possess the property by a legal way, but in somehow it unable to get the property deed.

It´s important to have a document that establishes the date on which the possession of the property started; if there was money involved, the document must show proof that such payments were made.